Lafayette Insurance v. C.E. Albert Construction Co.

I .MURRAY, Judge.

Plaintiff, Lafayette Insurance Company (“Lafayette”), appeals the dismissal of its claims after trial on the merits, contending it is entitled .to judgment as a matter of law based upon a default previously entered in the case. Defendants, Charles E. Albert and C.E. Albert Construction Co., Inc. (referred to collectively as “Albert”),1 have answered the appeal, seeking modification of the trial court’s order that “all parties [are] to bear their respective costs.” We affirm for the reasons that follow.

FACTS AND PROCEDURAL HISTORY2

In April 1985, Ronald M. Domin entered into a…